DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Group I, Species 6, claims 1 and 5-16 in the reply filed on June 15, 2026 is acknowledged. Claims 2-4 and 17-27 have been withdrawn by the Applicant. Action on the merits is as follows:
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 5, 6 and 9-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jaakkola (US 2020/0304093 A1).
In regards to claim 1, Jaakkola (Abstract, claim1, Figs. 1-6 and associated text and similar items) discloses a MEMS resonator (Fig. 6) comprising: a support structure (item 60); a distributed cross-sectional resonator element (item 61) with a particular eigenmode (resonance mode, Abstract claim 1), wherein the particular eigenmode is defined by a propagating series of modes, wherein each respective mode of the propagating series of modes is associated with a respective sub-element of a plurality of sub-elements (items 11A-11C, 21A-21C, 31A-31C, 41A-41C, 51A-51E), wherein a combination of the plurality of sub-elements (items 11A-11C, 21A-21C, 31A-31C, 41A-41C, 51A-51E) comprises a cross-section of the distributed cross-sectional resonator element (resonator element, paragraph 86); at least one anchor (item 69) coupling the distributed cross-sectional resonator element (resonator element, paragraph 86) to the support structure (item 60); at least one drive electrode for actuating the particular eigenmode (Abstract, claim 1, actuator for exciting the resonator element to a resonance mode); and at least one sense electrode for sensing the particular eigenmode (paragraph 75, a piezoelectric transducer layer).
In regards to claim 5, Jaakkola (Abstract, claim1, Figs. 1-6 and associated text and similar items) discloses wherein the distributed cross-sectional resonator element (resonator element, paragraph 86) comprises a base material (silicon body) and a secondary material (dopant).
In regards to claim 6, Jaakkola (Abstract, claim1, Figs. 1-6 and associated text and similar items) discloses wherein the base material (silicon body) of the distributed cross-sectional resonator element (resonator element, paragraph 35) is homogeneously doped with one of N-type or P-type dopants (paragraph 75).
In regards to claim 9, Jaakkola (Abstract, claim1, Figs. 1-6 and associated text and similar items) discloses wherein one or more respective modes from the propagating series of modes comprise a Lamé resonance mode (paragraph 125).
In regards to claim 10, Jaakkola (Abstract, claim1, Figs. 1-6 and associated text and similar items) discloses wherein the propagating series of modes comprises a plurality of Lamé resonance modes (paragraph 125).
In regards to claim 11, Jaakkola (Abstract, claim1, Figs. 1-6 and associated text and similar items) discloses wherein the at least one anchor (item 69) acoustically couples propagating waves in the resonator element (resonator element) to decaying evanescent waves in the at least one anchor (item 69).
In regards to claim 12, Jaakkola (Abstract, claim1, Figs. 1-6, 11, 13 and associated text and similar items) discloses wherein the at least one anchor (item 69, 119) comprises a first waveguide portion and a second waveguide portion, wherein the first waveguide portion couples the distributed cross-sectional resonator element (resonator element) to the second waveguide portion, and wherein the second waveguide portion couples the first waveguide portion to the support structure (item 60).
In regards to claim 13, Jaakkola (Abstract, claim1, Figs. 1-6, 11, 13, 15C-19D and associated text and similar items) discloses wherein the first waveguide portion has a first width at a first interface between the first waveguide portion and the distributed cross-sectional resonator element, wherein the first waveguide portion has a second width at a second interface between the first waveguide portion and the second waveguide portion, and wherein the second width is larger than the first width.
In regards to claim 14, Jaakkola (Abstract, claim1, Figs. 1-6, 11, 13, 15C-19D and associated text and similar items) discloses wherein the second waveguide portion has the second width at the second interface between the first waveguide portion and the second waveguide portion, wherein the second waveguide portion has a third width at a third interface between the second waveguide portion and the support structure, and wherein the third width is smaller than the first width.
In regards to claim 15, Jaakkola (Abstract, claim1, Figs. 1-6, 11, 13, 15C-19D and associated text and similar items) discloses wherein the distributed cross-sectional resonator element (resonator element) is configured to resonate at a frequency in a very high frequency (VHF) range or ultra high frequency (UHF) range. Applicant needs to claim how the resonator is structurally configured in order to resonate at a frequency in a very high frequency (VHF) range or ultra high frequency (UHF) range
In regards to claim 16, Jaakkola (Abstract, claim1, Figs. 1-6, 11, 13, 15C-19D and associated text and similar items) discloses wherein the at least one drive electrode for actuating the particular eigenmode (Abstract, claim 1, actuator for exciting the resonator element to a resonance mode) comprises at least one piezoelectric drive electrode, and wherein the at least one sense electrode for sensing the particular eigenmode (paragraph 75, a piezoelectric transducer layer) comprises at least one piezoelectric sense electrode.
Claim(s) 1 and 5-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Daruwalla et al. (Daruwalla) (US 2023/0131902 A1).
In regards to claims 1 and 5-16, Daruwalla (See entire document) discloses the Applicant’s claimed invention.
The applied reference has a common inventor(s) and assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jaakkola (US 2020/0304093 A1) in view of Jaakkola et al. (Jaakkola’704) (US 2016/0099704 A1).
In regards to claim 7, Jaakkola (Abstract, claim1, Figs. 1-6 and associated text and similar items) does not specifically disclose wherein a doping concentration of the one of N-type or P-type dopants causes an absolute value of a second order temperature coefficient of frequency of a reference distributed cross-sectional resonator element (resonator element, paragraph 75) comprising only the base material (silicon body) to be about zero, and wherein the doping concentration is applied to the base material (silicon body) of the distributed cross-sectional resonator element (resonator element) comprising the base material (silicon body) and a secondary material (dopant).
Jaakkola’704 discloses a MEMS resonator wherein having a certain doping concentration level would causes an absolute value of a first order and a second order temperature coefficients of frequency of the resonator element to be about zero (paragraphs 0020, and 0021, "Such plates have been found to be able to carry a width-extensional resonance mode having zero TCP, and zero TCF2 at an n-doping concentration above the concentration threshold of 1.2* 1020 cm³ according to the invention", and Figures 2B and 2E).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Jaakkola’704.
In regards to claim 8, Jaakkola (Abstract, claim1, Figs. 1-6 and associated text and similar items) as modified by Jaakkola’704 discloses wherein a ratio of the volume of the secondary material to the total volume of the distributed cross-sectional resonator element in combination with the type of dopant, the doping concentration, and the particular eigenmode causes an absolute value of a first order temperature coefficient of frequency of the distributed cross-sectional resonator element to be about zero. What’s the ratio?
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see all references list in 892 and prior art mentioned in the both written search reports.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TELLY D GREEN whose telephone number is (571)270-3204. The examiner can normally be reached M-F 8am-5pm.
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TELLY D. GREEN
Examiner
Art Unit 2898
/TELLY D GREEN/Primary Examiner, Art Unit 2898 June 30, 2026
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